HomeMy WebLinkAboutContract 52751-R1 CITY SECRETARY
WNTRACT NO.
CITY OF FORT WORTH
FIRST RENEWAL OF AGREEMENT
WHEREAS, the City of Fort Worth, ("City"), and William J. Schultz, Inc. dba Circle C
Construction Company, ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City
Secretary #52751, M&C 19-0047) for the PROJECT generally described as: Sanitary Sewer
13mergency Response Contract 2019; and
WHE,REM- , the ORIGINAL AGREEh4ENf may be renewed up to two times as pro-%rided
by M&C 19-0047; -aid
WHEREAS, The City and Contractor desire b renew the ORIGINAL AGRE1:N11•iNT for
an additional term at the same price; funding for said FIRST RENEWAL,is available in the Water
and Sewer Capital Projects Funid, as appropriaW in Ordinance#23835-09-2019 (M&C:20-0376).
NOW, THEREFORE,it is agreed by the City and Contractor as follows:
Article I
The Scope of Services as set forth in the ORIGINAL AGREEMENT has not changed.
Article IT
The Contractor's compensation shall be in the atnottnt: up to ,$1,250,000.00. The Term of
this renewal agreement shall be for one year, eflixtive as of the effective date or the expenditure of
-the ftuiding,whichever occurs first.
Article III
All other provisions of the Original Agreement znot expressly amended herein,shall remain in full
force acid effect.
r!►
la
Pirs1 Roiawal or Agreement Page 1 0r2
Swilary Sewer Emergency Rasprnue Contract 2019
COVp�5EM1 Ep�`lTl�Rfy
VV. OR71TH P rx
EXECUTED by each parry's duly au.thorized representative and EFFECTIVE as of the date
subscribed by the City's designated City Manager.
City of Fort Worth William J.Schultz,hie.dba
Circle C Construction Company
Dana 8urghdoff(Jun 25,20 13:18 CDT / '� / /•�� —
Dana.Burglldof7' Teresa S. Skelly
Assistant City Manager Vice President
Jun 25,2020
DATE: DATE: G - Z3 • Z y Z v
APPROVAL RECOMMEMED:
Clnht.pl-Hf,d.,(Jun_<. CDT)
Chris.Harder,P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY.
M&C: 19-0047
,y- Date: Aug 20. 2-019
DB! (Jun 25,202011:42CDT)
Douglas W.Black - ----
Sr. Assistant City Attorney
Contract Compliance Manager
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
q
Lawrence Hamilton, .E.
Project Manager O
ATTES
.;2
Mary J. If
City Secretary
First Renewal of Agreement Page 2 or2
Sanilnty Sewer Ctnergenay Response Contract 2019
OFFICIAL RECORD
CITY SECRETARY
006I13- 1
PERFORMANCE BOND
Page I of 2
1 BOND NO. TXC612312
2 SECTION 00 61 13
3 PERFORMANCE BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
8
9 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as "Principal'herein
10 and Merchants Bonding Company(Mutual), a corporate surety(sureties, if more than one)duly authorized
I 1 to do business in the State of Texas, known as "Surety"herein (whether one or more), are held and firmly
12 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known
13 as "City" herein, in the penal sum of One Million, Two Hundred Fifty Thousand and No/100 Dollars
14 ($1,250,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for
15 the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
16 administrators, successors and assigns,jointly and severally, firmly by these presents.
17 WHEREAS, the Principal has entered into a certain written contract with the City awarded the
18 2nd day of June, 2020, which Contract is hereby referred to and made a part hereof for all purposes as if
19 fully set forth herein,to furnish all materials, equipment labor and other accessories defined by law, in the
20 prosecution of the Work, including any Change Orders, as provided for in said Contract designated as
21 Sanitary Sewer Emergency Response Contract 2019; City Project No. 102082,First Renewal.
22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
23 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform
24 the Work, including Change Orders, under the Contract, according to the plans, specifications, and
25 contract documents therein referred to, and as well during any period of extension of the Contract that
26 may be granted on the part of the City, then this obligation shall be and become null and void, otherwise
27 to remain in full force and effect.
28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant
29 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July I,2011 City Project No. 102082
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
2 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
3 provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this
5 instrument by duly authorized agents and officers on this the 2nd day of June, 2020.
6 PRINCIPAL:
7 William J. Schultz,Inc. dba
8 Circle C Construction Company
9
10 BY:
11 Signature
12 ATTEST:
13 (n Teresa S. Skelly,President
14 (Principal) Secretary,Michele S. L kford Name and Title
15
16 Address: P. O. Box 40328
17
18 Fort Worth,TX 76140
19
20 Witness as to Principal
21 SURETY:
22
23 Merchants BACIa Com an Mutu
24
25 BY:
26 ignature
27 Sheryl A. Klutts,Attorney-in-Fact
28 Name and Title
29
30 Address: 6700 Westown Parkway
31 /'
32 0 West Des Moines, IA 50266
33
34 Witness as to Surety,John A. Miller Telephone Number: 1-800-678-8171
35
36 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws
37 showing that this person has authority to sign such obligation. If Surety's physical address is different
38 from its mailing address,both must be provided.
39
40 The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July 1,2011 City Project No. 102082
BONDING M PA N Y,,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
John A Miller;John R Stockton;Sheryl A Klutts
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020
° % iV41RiG / °a+.�
�P�PoR<�0'. e°t��.'( +P0,� : MERCHANTS BONDING COMPANY UAL)
�r y MERCHANT NATIONAL BONDING,NC.
....iL
..... °,.° l. �� President
STATE OF IOWA °°-°'U'"'rir""''''' •°•«s a+'\
COUNTY OF DALLAS ss.
On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
s POLLY MASON
® y Commission Number 750576
My Commission Expires
Janus 07, 2023
O P' January Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of June 2020.
2003 1933 Secretary
POA 0018 (1/20)
0061 14-1
PAYMENT BOND
Page 1 of 2
1 BOND NO. TXC612312
2 SECTION 00 61 14
3 PAYMENT BOND
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
8 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as "Principal"
9 herein, and Merchants Bonding Company (Mutual), a corporate surety (sureties), duly authorized to do
10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly
I 1 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of
12 Texas, known as "City" herein, in the penal sum of One Million, Two Hundred Fifty Thousand and
13 No/100 Dollars ($1,250,000.00), lawfiil money of the United States, to be paid in Fort Worth, Tarrant
14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs,
15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents:
16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 2nd day
17 of June, 2020 which Contract is hereby referred to and made a part hereof for all purposes as if fully set
18 forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the
19 prosecution of the Work as provided for in said Contract and designated as Sanitary Sewer Emergency
20 Response Contract 2019; City Project No. 102082,First Renewal.
21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal
22 shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the
23 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this
24 obligation shall be and become null and void; otherwise to remain in full force and effect.
25 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
26 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
27 provisions of said statute.
28
29
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July 1,2011 City Project No. 102082
0061 14-2
PAYMENTBOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument
2 by duly authorized agents and officers on this 2nd day of June, 2020.
PRINCIPAL:
William J. Schultz,Inc. dba
Circle C Construction Company
ATTEST: BY: S�
Signature
inn set"t Teresa S. Skelly—Presiden
(Principal) Secretary, Michele j2an4ford Name and Title
Address: P. O. Box 40328
Fort Worth,TX 76140
Witness as to Principal
SURETY:
Merchants Bon ii om any(Mutual)
ATTEST: BY:
Sign ure
Sheryl A.Klutts,Attorney-in-Fact
(Surety) Secretary Name and Title
Address: 6700 Westown Parkway
Ls • West Des Moines, IA 50266-7754
Witness as to Surety, John A. Miller
Telephone Number: 1-800-678-8171
4 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws
5 showing that this person has authority to sign such obligation. If Surety's physical address is different
6 from its mailing address, both must be provided.
7
S The date of the bond shall not be prior to the date the Contract is awarded.
9 END OF SECTION
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July I,2011 City Project No.102082
MERCHANj7F
77��
B4.../ 8_../ V4s S✓'+.. . A 1. .
POWER OF ATTORNEY
1 Y lt
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
John A Miller;John R Stockton;Sheryl A Klutts
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020
0 Nq HG G 'n
MERCHANTS BONDING
(MUTUAL)
MERCHANTS NATIONAL NC.
;v 0 2003 .1,0 : �' 1933 �' ,` By �
p••L(j � •9•,.• *„®1�r l„°` President
STATE OF IOWA ••'""""``�� p'°'°
COUNTY OF DALLAS ss.
On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
�P�tA�s POLLY MASON
o D Commission Number 750576
°00, My Commission Expires �.
f ,O vZ y January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof,1 have hereunto set my hand and affixed the seal of the Companies on this 2nd day of June 2020.
2003 :Z. ��`• 1933 ��* Secretary
POA 0018 (1/20) """""'`�� `'=•..y'
0061 19-1
MAINTENANCE BOND
Page 1 of 3
1
2 BOND NO. TXC612312
3 SECTION 00 61 19
4 MAINTENANCE BOND
5
6 THE STATE OF TEXAS §
7 § KNOW ALL BY THESE PRESENTS:
8 COUNTY OF TARRANT §
9
10 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as "Principal"herein
I and Merchants Bonding Company (Mutual), a corporate surety (sureties, if more than one) duly
12 authorized to do business in the State of Texas, known as "Surety"herein (whether one or more), are held
13 and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the
14 State of Texas, known as "City" herein, in the sum of One Million, Two Hundred Fifty Thousand and
15 No/100 Dollars ($1,250,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant
16 County, Texas, for payment of which sum well and truly be made unto the City and its successors, we
17 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly
18 by these presents.
19
20 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 2nd
21 day of June, 2020, which Contract is hereby referred to and a made part hereof for all purposes as if fully
22 set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the
23 prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively
24 herein, the "Work") as provided for in said contract and designated as Sanitary Sewer Emergency
25 Response Contract 2019; City Project No. 102082,First Renewal.
26
27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance
28 with the plans, specifications and Contract Documents that the Work is and will remain free from defects
29 in materials or workmanship for and during the period of two (2)years after the date of Final Acceptance
30 of the Work by the City("Maintenance Period"); and
31
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July 1,2011 City Project No. 102082
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon
2 receiving notice from the City of the need therefor at any time within the Maintenance Period.
3
4 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any
5 defective Work, for which timely notice was provided by City, to a completion satisfactory to the City,
6 then this obligation shall become null and void; otherwise to remain in full force and effect.
7
8 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed
9 defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or
10 reconstructed with all associated costs thereof being borne by the Principal and the Surety under this
11 Maintenance bond; and
12
13 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in Tarrant
14 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division;
15 and
16
17 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive
18 recoveries may be had hereon for successive breaches.
19
20
21
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July 1,2011 City Project No. 102082
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 2nd day of June,2020.
3 PRINCIPAL:
4
5 William J. Schultz, Inc. dba
6 Circle C Construction Company
7 f
8 BY: Zeeo 40r'
9 Signature
10 ATTEST'
11 Teresa S. Skelly,President
12 (Principal)Secretary,Michele S.La ford Name and Title
13
14 Address: P. O. Box 40328
15
16 Fort Worth,TX 76140
17
18
19 Witness as to Principal
20 SURETY:
21
22 Merchants o ing Company Mutual
23
24 BY:
25 ignature
26
27 Sheryl A. Klutts,Attorney-in-Fact
28 Name and Title
29
30 Address: 6700 Westown Parkway
31
32 West Des Moines, IA 50266
33
34 Witness as to Surety,John A.Miller Telephone Number: 1-800-678-8171
35
36
37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the
38 by-laws showing that this person has authority to sign such obligation. If Surety's physical
39 address is different from its mailing address, both must be provided. The date of the bond shall
40 not be prior to the date the Contract is awarded.
41
CITY OF FORT WORTH SANITARY SEWER EMERGENCY
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2019,FIRST RENEWAL
Revised July 1,2011 City Project No. 102082
.MERCHANT777�k
BONDING COMRANY,,,
POWER OF ATTORNE ■
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
John A Miller;John R Stockton;Sheryl A Klutts
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of February 2020
110 N,q<•0e •4;A 1 G ty o
•'���'P'''PO " y /j�gi• MERCHANTS BONDING COMPANY(MUTUAL)
Jay,G4� 1��'•.02 +°�3 LJS` / '
��A. �4• MERCHANT NATIONAL BONDING,INC.
._ . 2003 1933 By
••�••':r • ••�'•�k1•'''�g•.' President
STATE OFIOWA "n.n"+`'' gas:•ase
COUNTY OF DALLAS ss.
On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
IA(s POLLY MASON
o a Commission Number 750576
My Commission Expires �.
/0 * January 07, 2023 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of June 2020.
2003 i�GZ 1933 secretary
'
POA0018 (1/20) �''�l";. .. ��••tl•»♦
MERCHANTS
BONDING COMPANYn,
MERCHANTS BONDING COMPANY(MUTUAL) - MERCHANTS NATIONAL BONDING, INC.
P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 (800)678-8171 • (5I5)243-3854 FAX
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual) /Merchants National Bonding, Inc.
P.O. Boa 14498
Des Moines, Iowa 50306-3498
(515) 243-8171
(800) 678-8171
Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266
SUP 0073 TX (2/15)
City ®f Fort Worth, Texas
CouncilMayor and
DATE: Tuesday, August 20, 2019 REFERENCE NO.: **M&C 19-0047
LOG NAME: 6019EMERCON-CIRCLEC
SUBJECT:
Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the
Amount of$1,250,000.00 for the 2019 Sanitary Sewer Emergency Response Contract, Provide for
Additional Project Costs for a Total Project Amount of$1,500,000.00 and Adopt Appropriation Ordinance
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water and Sewer Capital Projects Fund in the amount of$1,500,000.00 from available funds; and
2. Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction
Company, in the amount of$1,250,000.00 for 2019 Sanitary Sewer Emergency Response Contract
which includes two optional renewals. (City Project No. 102082)
DISCUSSION:
The work to be performed under this contract consists of replacing and/or relocating large diameter
sanitary sewer mains and other pertinent construction required in response to emergency sanitary sewer
main break incidents.
The project was advertised for bid on May 2, 2019 and May 9, 2019 in the Fort Worth Star-Telegram and
on June 13, 2019, the following bids were received.
I il Bidder Amount Time of
Completion
William J. Schultz, Inc. dba Circle C $5,072,800.00 365 Calendar
Construction Company Days
In addition to the contract amount, $250,000.00 is required for project management, material testing and
inspection.
The bid documents included a stipulation that the total quantities listed may not reflect actual quantities
and that the amount budgeted for the projects is $1,250,000.00. Final payments will be made based on
actual measured quantities. The bid documents also included a stipulation giving the City the option to
renew(subject to appropriated funding) this contract two times under the same terms, conditions and unit
prices.
This project will have no impact on the Water Department's operating budget when completed.
Construction under this contract is on an as-needed basis. The contract will expire when the contract
amount is exhausted or one year after the effective date, whichever occurs later.
M/WBE OFFICE: William J. Schultz Inc. dba Circle C Construction Company is in compliance with the
City's BIDE Ordinance by documenting good faith effort. William J. Schultz Inc. dba Circle C Construction
Company identified several subcontracting and supplier opportunities. However, the firms contacted in the
areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is
four percent.
This project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption
of the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water
Operating Budget includes appropriations of$35,856,873.00 for the purpose of providing Pay-
As-You-Go Funding for Sewer Capital Projects. After this transfer for Fiscal Year 2019, the
balance will be $15,697,009.00.
Appropriations for 2019 Sanitary Sewer Emergency Response Contract are as depicted below:
Existing Additional
FUND Appropriations Appropriations Project Total*
W&S Capital
Projects - Fund $0.00 $1,500,000.00 $1,500,000.00
5600211
Project Total $0.00 $1,500,000.00 $1,500,000.00
*Numbers rounded for presentation purposes.
FUND IDENTIFIERS (FIDs):
TO
Fundl Department �kccountl Project Program Activity Budget Reference# lAmount
-- ID LID I Year i -(Chartfield 2)
FROM
FundlDepartment (Account Project ProgramActivity Budget Reference # IAmoun
-- ID — I- - ID -- - - Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: J. Chris Underwood (2629)
ATTACHMENTS
1. 6019EMERCON-CIRCLEC 1295 Form.pdf (CFW Internal)
2. 6019EMERCON-CIRCLEC Compliance Memo.pdf (CFW Internal)
3. 6019EMERCON-CIRCLEC FID Table (Carol).docx (CFW Internal)
4. 6019EMERCON-CIRCLEC SAM.pdf (CFW Internal)
5. 6019EMERCON-CIRCLEC 56002 A019.docx (Public)